Michael Anthony Miller v. Department of Corrections and Rehabilitation et al

California Central District Court
Judge:Michael W Fitzgerald
Referred: Jacqueline Chooljian
Case #: 2:18-cv-10700
Nature of Suit530 Prisoner Petitions - Habeas Corpus - General
Cause28:2254 Petition for Writ of Habeas Corpus (State)
Case Filed:Dec 27, 2018
Terminated:Nov 22, 2019

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Docket last updated: 04/17/2024 11:59 PM PDT
Friday, March 26, 2021
31 31 appeal USCA Memorandum/Opinion/Order Mon 03/29 10:54 AM
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals23 filed by Michael Anthony Miller. CCA # 20-55001 The request for a certificate of appealability is denied. (see document for further details) (hr)
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Friday, February 28, 2020
30 30 appeal USCA Memorandum/Opinion/Order Mon 03/02 11:10 AM
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals23 filed by Michael Anthony Miller. CCA # 20-55001 Appeal No. 20-55001 will be permitted to proceed as a request for a certificate of appealability (COA). [See document for more information.](mat)
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Tuesday, January 07, 2020
29 29 order Amend/Correct Thu 01/09 3:05 PM
ORDER DENYING PETITIONER'S MOTION FOR NUNC PRO TUNC ORDER TO CORRECT JUDGMENT ERROR [F.R.C.P. Rule 60(b)(6)] [DOCKET NO.24 ] by Judge Michael W. Fitzgerald. (See document for details.) (sbou)
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28 28 transfer Reassignment of Case Due to Unavailability of Judicial Officer (DJ) (G-74) - optional html form Tue 01/07 2:24 PM
NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned District Judge is no longer available. Pursuant to directive of the Chief District Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Judge Michael W. Fitzgerald for all further proceedings. Case now reads as 2:18-cv-10700 MWF(JC). (rn)
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Thursday, January 02, 2020
27 27 appeal USCA Notification of Case Number Fri 01/03 4:24 PM
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55001 assigned to Notice of Appeal to 9th Circuit Court of Appeals23 as to Petitioner Michael Anthony Miller. (et)
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Thursday, December 19, 2019
26 26 service Proof of Service (subsequent documents) Fri 01/03 11:49 AM
PROOF OF SERVICE filed by Petitioner Michael Anthony Miller, re NOTICE OF MOTION AND MOTION to CORRECT Judgment,21 and24 , Notice of Appeal to 9th Circuit Court of Appeals23 served on 12/15/19. (mat)
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25 25 29 pgs respm Memorandum in Support of Motion Thu 01/02 1:02 PM
PETITIONER'S MEMORANDUM OF POINTS AND AUTHORITY in Support of For Nunc Pro Tunc Order to CORRECT Judgment Error21 24 filed by Petitioner Michael Anthony Miller. (et)
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24 24 motion Amend/Correct Thu 01/02 12:54 PM
PETITIONER'S MOTION For Nunc Pro Tunc Order to CORRECT Judgment Error21 filed by Petitioner Michael Anthony Miller. (et)
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23 23 appeal Appeal to 9th Circuit Court of Appeals Thu 01/02 11:23 AM
NOTICE OF APPEAL to the 9th CCA filed by Petitioner Michael Anthony Miller. Appeal of Judgment,21 Filed On: 11/22/19; Entered On: 11/26/19; Certificate of Appealability has been ruled on 11/22/19, see item 22. (mat)
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Friday, November 22, 2019
22 22 order Certificate of Appealability - Order of USDC Tue 11/26 3:43 PM
Order by Judge R. Gary Klausner denying certificate of appealability. (mat)
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21 21 judgmentCV Judgment Tue 11/26 10:49 AM
JUDGMENT by Judge R. Gary Klausner, in favor of Department of Corrections and Rehabilitation, Sierra Conservation Center Warden against Michael Anthony Miller Related to: R&R - Accepting Report and Recommendations,20 . IT IS ADJUDGED that the Petition for Writ of Habeas Corpus is denied and this action is dismissed. (MD JS-6, Case Terminated). (sbou)
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20 20 order R&R - Accepting Report and Recommendations Tue 11/26 10:44 AM
ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge R. Gary Klausner for Report and Recommendation (Issued)18 . IT IS HEREBY ORDERED that petitioner's Request for Judicial Notice is granted, the Petition is denied, this action is dismissed, and the Clerk shall enter Judgment accordingly. (sbou)
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Tuesday, November 12, 2019
19 19 respoth Objection to Report and Recommendation Thu 11/14 9:13 AM
OBJECTION to Report and Recommendation (Issued)18 filed by Petitioner Michael Anthony Miller.(sbou)
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Friday, October 25, 2019
18 18 reportrecommend Report and Recommendation (Issued) Fri 10/25 3:18 PM
REPORT AND RECOMMENDATION issued by Magistrate Judge Jacqueline Chooljian. Re Petition for Writ of Habeas Corpus (2254),1 . (sbou)
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Att: 1 Proposed Order and Judgment
17 17 reportrecommend Notice of Report and Recommendation Fri 10/25 3:14 PM
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Jacqueline Chooljian and Lodging of Proposed Judgment and Order. Objections to R&R due by 11/14/2019. (sbou)
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Att: 1 Report and Recommendation,
Att: 2 Proposed Order and Judgment
Monday, August 12, 2019
16 16 textonly Generic Text Only Entry Mon 08/12 4:16 PM
The Court is in receipt of a document entitled "Proposed Order" from Petitioner, submitted 8/5/19. The Clerk is directed to attached to Petitioner's Traverse, docket entry14 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (klg)
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Friday, March 22, 2019
15 15 misc For Judicial Notice Fri 03/22 4:00 PM
REQUEST FOR JUDICIAL NOTICE filed by Petitioner Michael Anthony Miller.(sbou)
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Att: 1 Exhibits
Thursday, March 21, 2019
14 14 respoth Traverse Fri 03/22 3:42 PM
PETITIONER'S TRAVERSE filed by Petitioner Michael Anthony Miller. (sbou)
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Tuesday, March 05, 2019
13 13 order Minutes of In Chambers Order/Directive - no proceeding held Tue 03/05 3:36 PM
(IN CHAMBERS) ORDER DIRECTING CLERK TO RETURN ITEM TO PETITIONER AND TO NOTE SAME ON DOCKET by Magistrate Judge Jacqueline Chooljian. Petitioner has until March 18, 2019, to file any Reply to the Answer. (See document for details.) (sbou) ("A Global Club 2019" bound calendar book returned to petitioner per order of Court). Modified on 3/5/2019 (klg)
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Monday, February 11, 2019
12 12 notice Notice of Lodging Mon 02/11 9:34 AM
NOTICE OF LODGING filed by Respondent Sierra Conservation Center Warden re Return to Habeas Petition (2254),11(Brenan, Stephanie)
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Att: 1 LD 1 - B281819 CT vol 1 of 3,
Att: 2 LD 1 - B281819 CT vol 2 of 3_Part1,
Att: 3 LD 1 - B281819 CT vol 2 of 3_Part2,
Att: 4 LD 1 - B281819 CT vol 3 of 3,
Att: 5 LD 2 - B281943 CT (after remittitur) vol 1 of 1,
Att: 6 LD 3 - B281819 RT vol 1 of 1,
Att: 7 LD 4 - B281819 Docket,
Att: 8 LD 5 - B281819 AOB,
Att: 9 LD 6 - B281819 RB,
Att: 10 LD 7 - B281819 Reply,
Att: 11 LD 8 - B281819 Opinion,
Att: 12 LD 9 - B290940 HC petition,
Att: 13 LD 10 - B290940 Order denying HC petition,
Att: 14 LD 11 - B290940 Docket,
Att: 15 LD 12 - S251336 Mandate Petition,
Att: 16 LD 13 - S251336 req for judicial notice #1,
Att: 17 LD 13 - S251336 req for judicial notice #2,
Att: 18 LD 14 - S251336 Order denying mandate pet,
Att: 19 LD 15 - S251434 Pet for Review,
Att: 20 LD 16 - S251434 Order denying PFR
11 11 answer Return to Habeas Petition (2254) Mon 02/11 8:59 AM
ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS; MEMORANDUM OF POINTS AND AUTHORITIES to Petition for Writ of Habeas Corpus (2254),1 filed by Respondent Sierra Conservation Center Warden.(Attorney Stephanie C Brenan added to party Sierra Conservation Center Warden(pty:res))(Brenan, Stephanie)
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Thursday, January 31, 2019
10 10 order Enlargement of Time to File Fri 02/01 10:14 AM
ORDER by Magistrate Judge Jacqueline Chooljian. IT IS HEREBY ORDERED that Respondent is granted until March 9, 2019, to file a Motion to Dismiss or an Answer to the Petition for Writ of Habeas Corpus. re9 (sbou)
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9 9 motion Enlargement of Time to File Document Thu 01/31 2:23 PM
First APPLICATION for Enlargement of Time to File RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS; DECLARATION OF STEPHANIE C. BRENAN; [PROPOSED] ORDER filed by Respondent Department of Corrections and Rehabilitation. (Brenan, Stephanie)
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Att: 1 Proposed Order
Monday, January 28, 2019
8 8 order Minutes of In Chambers Order/Directive - no proceeding held Mon 01/28 2:39 PM
MINUTE (IN CHAMBERS) ORDER GRANTING PETITIONER'S REQUEST TO PROCEED INFORMA PAUPERIS by Magistrate Judge Jacqueline Chooljian. Petitioner'sRequest is hereby granted. (See document for details.) (sbou)
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Friday, January 25, 2019
7 7 notice Notice (Other) Mon 01/28 9:09 AM
CERTIFICATE OF FUNDS IN PRISONER'S ACCOUNT filed by Petitioner Michael Anthony Miller. (sbou)
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Tuesday, January 15, 2019
6 6 attorney Attorney Appearance or Reassignment for the California Attorney General Tue 01/15 1:53 PM
NOTICE OF APPEARANCE of California Attorney General Office Supervising Deputy Attorney General Stephanie C. Brenan on behalf of Respondent Department of Corrections and Rehabilitation. (Attorney Stephanie C Brenan added to party Department of Corrections and Rehabilitation(pty:res))(Brenan, Stephanie)
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Tuesday, January 08, 2019
5 5 4 pgs order Order Requiring Return/Answer to Petition Wed 01/09 9:47 AM
ORDER GOVERNING PROCEEDINGS INVOLVING PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY by Magistrate Judge Jacqueline Chooljian. that Respondent Department of Corrections and Rehabilitation file Answer to the Petition not later than 2/7/2019; Sierra Conservation Center Warden file Answer to the Petition not later than 2/7/2019. Notice: The court has issued a ruling on preliminary review. Pursuant to the Agreement on Acceptance of Service between the Clerk of Court and the California Attorney Generals Office, this Notice constitutes service under Fed. R. Civ. P. 4. Motions to Dismiss shall be filed by 2/7/2019. Traverse due by 3/9/2019. (sbou)
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Att: 1 Attachment 1
4 4 order Minutes of In Chambers Order/Directive - no proceeding held Wed 01/09 9:39 AM
MINUTES (IN CHAMBERS) ORDER REGARDING REQUIREMENTS FORPREPARATION AND SUBMISSION OF DOCUMENTS by Magistrate Judge Jacqueline Chooljian. All future documents submitted in this case should be addressed to: "Clerk, U.S. District Court, Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 180 (Terrace Level), Los Angeles, CA 90012-1565." (See document for details.) (sbou)
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Thursday, December 27, 2018
3 3 notice Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form Wed 01/02 12:56 PM
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Manuel L. Real and referred to Magistrate Judge Jacqueline Chooljian, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (et)
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Att: 1 CV111 Notice of Discrepancies for filing of Habeas Corpus Petition
2 2 misc Consent to Proceed before US Magistrate - DECLINED by Party Wed 01/02 12:55 PM
ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c filed by Petitioner Michael Anthony Miller. The Petitioner does not consent. (et)
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1 1 cmp Petition for Writ of Habeas Corpus (2254) Wed 01/02 12:54 PM
PETITION for Writ of Habeas Corpus by a Person In State Custody (28:2254). Case assigned to Judge Manuel L. Real and referred to Magistrate Judge Jacqueline Chooljian. (Filing fee $ 5 FEE DUE.), filed by Petitioner Michael Anthony Miller. (et)
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